Gore v. Mayor of New York
The Superior Court of the City of New York and Buffalo
Action by Charles B. Gore against the Mayor, etc., of the city of New York.
1Opinion of the CourtMcADAM, J.
The plaintiff was appointed “leveler" by the department of parks, December 16, 1885, at an annual salary of $900, and was “suspended” January 16, 1886. He was paid for all services actually rendered, and sues to recover salary until July 7, 1892, upon the theory that under Gregory v. Mayor, 113 N. Y. 416, 21 N. E. 119, “suspension” is not equivalent to “discharge,” hence his pay continued, though he did no work. In that, as in the Emmitt Case, 128 N. Y. 117, 28 N. E. 19, the plaintiff held an “office,” within the meaning of that term; yet neither its tenure nor salary was fixed by statute.…
2Cases cited9 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- Phillips v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Lethbridge v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sheehan v. Mayor of New YorkNew York Supreme Court · 1897
- Van Valkenburgh v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1900